ٹرانس جینڈر اشخاص کے حقوق کے تحفظ کا قانون
ایک تجزیاتی مطالعہ
Keywords:Transgender, Intersex, Eunuch, Islamic Injunctions, Constitution of Pakistan
In 2018, Parliament in Pakistan passed the Transgender Persons (Protection of Rights) Act and it is generally said that the purpose of this law is to protect the rights of eunuchs. However, the critics of this law claim that it has paved the way for sexual anarchy and homosexuality. They also point out that this law was passed stealthily and surreptitiously which is an indication of the problems in it. Several Shariat Petitions have been filed in the Federal Shariat Court since 2018 against this law for repugnancy with Islamic Injunctions but the Court has not yet given judgment on these petitions. In November 2021, Senator Mushtaq Ahmad Khan of Jamaat-e-Islami Pakistan introduced a bill in the Senate of Pakistan for amending this law but it has not yet been approved by the Senate. When the said bill came on the agenda of the Senate’s Standing Committee on Human Rights in September 2022, the issue became came a point of concern for the public and since then it has been widely debated in electronic, print and social media. Detailed arguments have been provided for and against this law. The present paper tries to analyze these arguments and chalks out a strategy for amending or repealing this law as well as for introducing a law based on Islamic Injunctions for the protection of the rights of intersex persons and eunuchs who genuinely feel aggrieved and persecuted in our society.
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